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BENUE STATE POLYTECHNIC, UGBOKOLO v. ADOCHE OBEKPA JOSEPH

(2017) JELR 37227 (CA)

Court of Appeal  •  CA/MK/225/2014  •  2 Jun 2017  •  Nigeria

Coram
JUMMAI HANNATU SANKEY JCA; ONYEKACHI AJA OTISI JCA; JOSEPH EYO EKANEM JCA;

Judgement

JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): This Appeal is against the Ruling of the Benue State High Court of Justice sitting at Otukpo in motion number OHC/164m/2014 delivered on 30th October, 2014 delivered by Ejembi J. Therein, the Appellant's motion challenging the jurisdiction of the trial Court to entertain the substantive suit number OHC/50/2012 was dismissed.

The suit before the High Court (hereinafter referred to as the lower Court) was commenced by means of a Writ of Summons filed by the Respondent herein (as Plaintiff), wherein he is seeking against the Appellant (as Defendant) the following Reliefs as set out in paragraph 15 of his Statement of Claim:

"15. WHEREOF the plaintiff claims the following relief(s) against the Defendant:

(a) A DECLARATION that a letter of withdrawal of appointment or termination of employment No. R/BPU/COM/10 and dated 08-10-2010 by the Defendant to the Plaintiff which purportedly terminated his contract with the Defendant is n…

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